THIS IS A LEGAL AGREEMENT BETWEEN the user ("You/Your") AND STAR INDIA PRIVATE LIMITED (THE "COMPANY") STATING THE TERMS ‘UGC ToS’ THAT GOVERN YOUR USE OF THE www.satyamevjayate.in (‘WEBSITE’) DIGITAL SERVICE FOR THE SERVICE PROVIDED BY THE COMPANY ALLOWING YOU TO UPLOAD CONTENT, BLOG, PUBLISH, SHARE, DISPLAY, SUBMIT (‘SERVICE’) ON THE WEBSITE SPECIFICALLY IN RELATION TO CONTENT UPLOADED BY YOU, USER GENERATED CONTENT (‘UGC’). IN CASE OF ANY CONFLICT BETWEEN THE TERMS OF SERVICE AND THIS UGC ToS IN RELATION TO UGC, THE TERMS OF THIS UGC ToS SHALL PREVAIL. IF YOU DO NOT AGREE TO THESE UGC ToS, YOU ARE NOT ENTITLED TO USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED.
The Website is owned by Aamir Khan Productions Private Limited (“Production House”), and is licensed to the Company for the purpose of the management, operation and development of the Website and the provision of the Service to You.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your personal data collected by the Company shall be subject to the Company’s Privacy Policy as available at www.satyamevjayate.in/privacy.aspx . By visiting the Website, and using the Service You are agreeing to these UGC ToS and the Privacy Policy.
1. Age requirements for use of the Service. This Service is available for individuals aged 18 years or older. If You are under the age of 18, You should not use the Services.
2. Content posted on the Website
a. No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that You upload, display, post, email, transmit or otherwise make available for viewing on or through the Service (collectively, "Post"). "User Content" means content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Service; User information; cheat codes; board posts; reader reviews; blogs, ratings, data, notes and testimonials; poll votes; images; audio or video files; and software that You Post. You may Post only User Content which You own, have created or which You have clear permission to Post. You acknowledge and agree that the Company and/or the Production House does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that the Company does not pre-screen User Content, and has no obligation to do so, but that the Company and its affiliated companies and designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service. You shall be solely responsible for the accuracy and/or reliability of the User Content and/or any views/ sentiments/ opinions comprised therein.
b. Proprietary Rights in User Content posted. You hereby grant to the Company and/or the Production House the non-exclusive, perpetual, irrevocable, transferable, royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, translate, reproduce, distribute, publicly perform, publicly display, modify, alter, delete from, add to, prepare derivative works of and translate such User Content in any media formats and any media channels now known or hereinafter created . You represent and warrant that: (i) you own the User Content Posted by you on the Website , (ii) your User Content does not violate the privacy rights, publicity rights, copyright, intellectual property rights, or any other rights of any person, and (iii) the posting of your User Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you post on the Website. You hereby agree and confirm that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to this license.
c. Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on the Website. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website and terminating the accounts of such violators. Prohibited User Content includes content that you should not host, display, upload, modify, publish, transmit, update or share including information that:
- Relates to personal or sensitive personal information about yourself or any third party;
- is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- contains nudity, violence, or offensive subject matter;
- involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- exploits people in a sexual or violent manner;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses, including in your Account profile;
- violates the copyright, trademark or other intellectual property rights of any other person;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes;
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation
3. Prohibited User Activities.
You must use the Website in a manner consistent with any and all applicable laws and regulations.
The following is a partial list of the kind of activity that is illegal or prohibited on the Website. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- advertising to, or solicitation of, any person to buy or sell any products or services through the Website . You may not transmit any chain letters or junk email to any other person. It is also a violation of these rules to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person. In order to protect the Website from such advertising or solicitation, the Company reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which the Company deems appropriate in its sole discretion;
- any automated use of the system;
- attempting to impersonate another user or person;
- using the account, username, or password of another user or person at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- covering or obscuring the banner advertisements on forums, or any Website page via HTML/CSS or any other means;
- interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to the Service;
- uploading or posting any information which is prohibited under Section 2 above;
- Exploiting the Website/Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity;
4. Representation and Warranty
By posting the User Content, you represent and warrant to the Company that:
- you are aware that the User Content shall be accessible by public at large and there is no obligation on the Company to keep the User Content confidential. While the Company will not publish your name along with the User Content where the comment/post is anonymous, however, you agree that the Company may have to reveal and investigate your identity if the User Content consists of any content which is not in compliance with the applicable laws or imposes a duty on the Company to disclose such information to any relevant authority.;
- Company may use the User Content for such purpose as it deems fit, including informing any third party such as press or the local authorities for further investigation into the content of the User Content. You agree that the Company may also initiate an investigation to locate and identify you in such cases and disclose such information to the relevant authorities;
- that the User Content is in compliance with all the terms and conditions of this ToS and applicable laws;
- You acknowledge and agree not to hyperlink urls of other sites and/or insert interstitial ads and/or promotion webpages, upload malware, Trojan and/or any virus on the Website as part of the User Content.
5. Contact the Company in case of any complaints:
If you have any complaints relating to any UGC Content uploaded on the Website, then please contact:
Manu Anand at manu.anand@startv.com
Postal Address: Star House, Urmi Estate, 95 Ganpatrao Kadam Marg, Lower Parel (W), Mumbai, 400013, Phone: +91-22-6173 1009
Your email, which must bear your digital signature or a signed written complaint should include the following information:
- Details of the objectionable Post;
- Details of the basis of the objection;
- Other relevant information required by the Company to assess the complaint.
Company shall take all reasonable measures, including taking down the objectionable Post expeditiously. You agree and acknowledge that the Company's responsibility in relation to objectionable Posts is limited to removing them post receipt of your objections in accordance with this ToS and the Company and/or the Production House shall not be responsible or liable for any other damages or losses incurred by you of any nature whatsoever.
6. Termination.
a. Termination by the Company. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this UGC ToS, the Company, at its sole discretion and without prejudice to any other remedies available to it, without notice to you may: (i) terminate this agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).
b. Termination of the Service. The Company reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and neither the Company nor its directors, officers, employees, affiliates, agents, contractors or licensors will be liable to you or to any third party should it exercise such rights.
7. General Compliance with Laws. You agree to comply with all local, state, and national and international laws, statutes, ordinances, and regulations that apply to your use of the Service.
8. Enforcement of These Terms. The Company reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this UGC ToS (including but not limited to the Company's right to cooperate with any legal process relating to your use of the Service and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights). You agree that the Company and/or the Production House has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this UGC ToS (including but not limited to the Company's right to cooperate with any legal process relating to your use of the Service and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
9. Disclaimer of Warranties; Liability Limitations.
a. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE INTERNET OR YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY THE COMPANY) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL THE COMPANY, THE PRODUCTION HOUSE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S AND THE PRODUCTION HOUSE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY AND/OR THE PRODUCTION HOUSE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. THE COMPANY AND/OR THE PRODUCTION HOUSE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
10. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, THE PRODUCTION HOUSE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS UGC ToS, YOUR USE OF AND ACCESS TO THE SERVICE, YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT BASIS THE USER CONTENT OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS UGC ToS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS UGC ToS HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, THE PRODUCTION HOUSE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY'S CONCLUSION THAT A VIOLATION OF THIS UGC ToS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS UGC ToS.
IN NO EVENT DOES THE COMPANY AND/OR THE PRODUCTION HOUSE ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY USER CONTENT, AND YOU AGREE TO WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST THE COMPANY AND/OR THE PRODUCTION HOUSE WITH RESPECT TO SUCH USER CONSENT.
11.Changes. The Company reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this UGC ToS and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this UGC ToS as "Additional Terms") will be posted on the Service Website and will be effective immediately after such posting and thereafter incorporated into this Agreement. It shall be Your sole responsibility to check such revision in the UGC ToS for availing the Service. You shall be bound by any such revisions. If You do not agree to the revised UGC ToS, then the Company shall cease to provide the Service to You.. All Additional Terms are hereby incorporated into this UGC ToS by this reference.
12.Notices. The Company may send You notice with respect to the Service by sending an email message to the email address listed in your Startv.in Account contact information, by sending a letter via postal mail to the contact address listed in your Startv.in Account contact information, or by a posting on the Startv.in digital service. Notices shall become effective immediately.
13. Governing Law/Dispute Resolution. Notwithstanding the conflict of laws principle, the rights and obligations of the Parties under the UGC ToS shall be governed by the laws of India, and in case of any dispute or other matter arising in reference to the Application shall be referred to a sole arbitrator appointed by the Company and/or the Production House and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by You. Subject to the foregoing, all disputes between the Parties relating to issues arising under this Agreement or the Service shall be resolved solely through proceedings instituted exclusively before the Court in Mumbai, India.
14. Severability. If any provision of these UGC ToS is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
15. Survival. You acknowledge that Your representations and warranties, obligations and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these UGC ToS.
16. Entire Agreement. These UGC ToS and Privacy Policy constitute the entire agreement between You and the Company governing Your use of the Services, superseding any prior agreements between You and the Company regarding such use.